Nevada § 414.040 - Division of Emergency Management: Creation; Chief; powers and duties of Division and Chief

§ 414.040. Division of Emergency Management: Creation; Chief; powers and duties of Division and Chief

1. A Division of Emergency Management is hereby created within the Office of the Military. The Chief of the Division is appointed by and holds office at the pleasure of the

Adjutant General of the Office of the Military. The Division is the State Agency for Emergency Management and the State Agency for

Civil Defense for the purposes of the Compact ratified by the Legislature pursuant

to NRS 415.010 . The Chief is the State's Director of Emergency Management and the State's Director

of Civil Defense for the purposes of that Compact. 2. The Chief may employ technical, clerical, stenographic and other personnel as may

be required, and may make such expenditures therefor and for other expenses of his

or her office within the appropriation therefor, or from other money made available

to him or her for purposes of emergency management, as may be necessary to carry out

the purposes of this chapter. 3. The Chief, subject to the direction and control of the Adjutant General, shall

carry out the program for emergency management in this State. The Chief shall coordinate the activities of all organizations for emergency management

within the State, maintain liaison with and cooperate with agencies and organizations

of other states and of the Federal Government for emergency management and carry out

such additional duties as may be prescribed by the Adjutant General. 4. The Chief shall assist in the development of comprehensive, coordinated plans for

emergency management by adopting an integrated process, using the partnership of governmental

entities, business and industry, volunteer organizations and other interested persons,

for the mitigation of, preparation for, response to and recovery from emergencies

or disasters. In adopting this process, the Chief shall: (a) Except as otherwise provided in NRS 232.3532 , develop written plans for the mitigation of, preparation for, response to and recovery

from emergencies and disasters. The plans developed by the Chief pursuant to this paragraph must include the information

prescribed in NRS 414.041 to 414.044 , inclusive. (b) Conduct activities designed to: (1) Eliminate or reduce the probability that an emergency will occur or to reduce

the effects of unavoidable disasters; (2) Prepare state and local governmental agencies, private organizations and other

persons to be capable of responding appropriately if an emergency or disaster occurs

by fostering the adoption of plans for emergency operations, conducting exercises

to test those plans, training necessary personnel and acquiring necessary resources; (3) Test periodically plans for emergency operations to ensure that the activities

of state and local governmental agencies, private organizations and other persons

are coordinated; (4) Provide assistance to victims, prevent further injury or damage to persons or

property and increase the effectiveness of recovery operations; and (5) Restore the operation of vital community life-support systems and return persons

and property affected by an emergency or disaster to a condition that is comparable

to or better than what existed before the emergency or disaster occurred. 5. In addition to any other requirement concerning the program of emergency management

in this State, the Chief shall: (a) Maintain an inventory of any state or local services, equipment, supplies, personnel

and other resources related to participation in the Nevada Intrastate Mutual Aid System

established pursuant to NRS 414A.100 ; (b) Coordinate the provision of resources and equipment within this State in response

to requests for mutual aid pursuant to NRS 414.075 or chapter 414A of NRS; (c) Coordinate with state agencies, local governments, Indian tribes or nations and

special districts to use the personnel and equipment of those state agencies, local

governments, Indian tribes or nations and special districts as agents of the State

during a response to a request for mutual aid pursuant to NRS 414.075 or 414A.130 ; and (d) Provide notice: (1) On or before February 15 of each year to the governing body of each political

subdivision of whether the political subdivision has complied with the requirements

of NRS 239C.250 ; (2) On or before February 15 of each year to the Chair of the Public Utilities Commission

of Nevada of whether each utility that is not a governmental utility and each provider

of new electric resources has complied with the requirements of NRS 239C.270 ; (3) On or before February 15 of each year to the Governor of whether each governmental

utility described in subsection 1 of NRS 239C.050 and each provider of new electric resources has complied with the requirements of NRS 239C.270 ; (4) On or before February 15 of each year to the governing body of each governmental

utility described in subsection 2 of NRS 239C.050 and each provider of new electric resources of whether each such governmental utility

has complied with the requirements of NRS 239C.270 ; (5) On or before November 15 of each year to the Superintendent of Public Instruction

of whether each board of trustees of a school district, governing body of a charter

school or governing body of a private school has complied with the requirements of NRS 388.243 or 394.1687 , as applicable; and (6) On or before November 15 of each year to the Chair of the Nevada Gaming Control

Board of whether each resort hotel has complied with the requirements of NRS 463.790 . 6. The Division shall: (a) Perform the duties required pursuant to chapter 415A of NRS ; (b) Perform the duties required pursuant to NRS 353.2753 at the request of a state agency or local government; (c) Adopt regulations setting forth the manner in which federal funds received by

the Division to finance projects related to emergency management and homeland security

are allocated, except with respect to any funds committed by specific statute to the

regulatory authority of another person or agency, including, without limitation, funds

accepted by the State Emergency Response Commission pursuant to NRS 459.740 ; and (d) Submit a written report to the Nevada Commission on Homeland Security within 60

days of making a grant of money to a state agency, political subdivision or tribal

government to pay for a project or program relating to the prevention of, detection

of, mitigation of, preparedness for, response to and recovery from acts of terrorism

that includes, without limitation: (1) The total amount of money that the state agency, political subdivision or tribal

government has been approved to receive for the project or program; (2) A description of the project or program; and (3) An explanation of how the money may be used by the state agency, political subdivision

or tribal government. 7. The Division shall develop a written guide for the preparation and maintenance

of an emergency response plan to assist a person or governmental entity that is required

to file a plan pursuant to NRS 239C.250 , 239C.270 , 388.243 , 394.1687 or 463.790 . The Division shall review the guide on an annual basis and revise the guide if necessary. On or before January 15 of each year, the Division shall post the guide on a publicly

accessible Internet website maintained by the Division. 8. The Division shall provide a copy of the written guide developed pursuant to subsection

7 to a person or governmental entity that is required to file a plan pursuant to NRS 239C.250 , 239C.270 , 388.243 , 394.1687 or 463.790 upon the request of such a person or entity.